02/17/1982
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MUNICIPAL CODE ENFORCEMENT BOARD
February 17, 1982
Members present:
John Ehrig, Chairman
Lee Regulski, Vice-Chairman
Paul Carnahan
John F. Gerlach
Don Winner
Raymond Custer
Also present:
Richard Griesinger, Assistant City Attorney
Frances Sunderland, Board Secretary
Sue Lamkin, Assistant City Clerk
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The meeting was called to order by the
the Commission Meeting Room in City Hall.
and advised any aggrieved party may appeal
Municipal Code Enforcement Board
Pinellas County. Any such appeal must
days of the execution of the order
Florida Statute 286.0105 requires any
this Board to have a verbatim record
such an appeal.
Chairman at 2:00 p.m. in
He outlined the procedures
a rUling or order of the
by certiorari in the Circuit Court of
be filed wi thin thirty (30)
to be appealed. He noted that
party appealing a decision of
of the proceedings to support
PUBLIC BBARmGS
CA.SE RO. 2-82
Seville
2650 Pearce
Building Code
Condominium, Inc.. (Bldg. 1~,
Clearwater) Standard
Dr. ,
Inspector
of Violation and
photographs A through C, showing
deterioration of the handrails. Exhibits
from engineering firms were submitted.
has been cooperative in their efforts to
Building
Affidavit
Reichardt reviewed the memo
submitted City's Composite
protection
#2 and #3 comprising reports
He reported the Association
remedy the situation.
attached to
Exhibit
taken
the
#1,
and
measures
Darre 11
they had obtained
issued a
Precast,
$45,000.
complete
Frick, Director of the
three bids to completely
purchase order and signed
who estimates two to three
The contractor plans to
no later than March 15.
Condominium Association, reported
replace the railings and
a contract yesterday with Florida
weeks for completion at a cost of
commence work on February 22 and
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The
contract
evidence.
Inspector stated he had
with Florida Precast.
confirmed the
All exhibits
existence of
were admitted
the
as
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Mr. Custer moved that the Findings of Faot are: From the
evidence shown in Exhibits 1 A-C, 2 and 3 and by testimony of the
Building Inspector and the Association Director, there is a violation
of the Standard Building COde, Sees. 103.4, 101.6 and 1108.1. The
CClDolusiona of Law are: The building at 2650 Pearce Drive (Bldg.
14, Seville Condominium, Inc.) is in violation of the Standard
Building Code Sec s. cUed above. The Order is: The de fendant be
gi ven 60 days from this date to comply with the requirements of the
Standard Building Code 1979 edition, Sees. 103.4,101.6 and 1108.1.
If the defendant does not comply within the time specified he shall
pay a fine of $50.00 per day until work is completed and in
compliance. The motion was duly seconded and carried unanimously.
The Board recessed from 2:35 to 2:40 p.m.
CASE 1'0. 3-82
Church of Scientology (210 S. Ft.
Harrison Ave., Clearwater) Fire Code
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Fire Inspector Goodlow reviewed Exhibit #1, Facts of Violations.
Exhibit #2, a certified letter, addressed to Dave Revelle at 210 S.
Ft. Harrison setting forth the violations and extending the
compliance date, was returned because it was unclaimed. He submitted
Exh1bi t fl3, relating to the fire alarm system and a proposal for
purchase of a gas generator, and Exhibit U4, a letter from Rev. Philip
Park, with attachments, indicating the fire alarm system will be
corrected on February 20 and that an order has been placed for the
emergency lighting system.
Disc;ussion ensued concerning the time frame for installation of
the generator, and the Inspector reported the Acting Fire Marshall has
stated the time frame is acceptable.
Philip Park stated he became aware of the problem only arter
a copy of the notice was received by a different branch of the
Church. Since that time they have been trying to get the problem
resolved.
Discussion ensued concerning specifications of the generator and
it was noted the only violation cited in the Affidavit of Violations
relates to the alarm system. The Fire Inspector stated the emergency
lighting system violation was not included because, at the time of the
last inspection, Mr. Revelle had informed him that bids had been
received and as soon as one was accepted a contract would be
forwarded. However, this did not happen and that is why the material
on the generator was included in the paper work.
Mr. Regulski moved the F1ndiDgB of Faot are: Based on the
evidence presented by Inspector Goodlow, which includes his testimony
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and the exhibits submitted, the fire alarm system is not functioning
and does not have a current certificate of inspection. The
Coaclusioas ot Law are: The Church of Scientoloy is in violation of
NFPA 101-76 edition, Secs. 6-3.5.2 and 6-3.5.3. The Order is: The
Church of Scientology shall comply with these Sections of the Code of
the City of Clearwater by March 15, 1982. If the Church of
Scientology does not comply within the time specified it shall pay a
fine of $100.00 per day for each day the violation continues to exist.
The motion was duly seconded and carried unanimously.
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URPIRISBED BUSIRESS
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CASK RO. 18-81
J-M.A.T. (Apache Apartments, 1731 Apache
Trail, Clearwater) Fire Code
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Mr. Custer moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
CASE RO. 12-81
Johnson & Albrecht (705 Court Street,
Clearwater) Standard Building Code
An Affidavit of Non-Compliance was presented and a letter from
Mr. Albrecht was read into the record.
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Building Inspector Reichardt stated Mr. Albrecht was advised on
10/2/81 that a building permit was ready for him to pick up. This was
not done until 10/5/81. He submitted a photograph taken 12/3/8~,
marked Exhibit 111, showing that a part of the structure was still
standing at that time. The plans for rebuilding were submitted within
the time frame permitted by the Order. The property was reinspected
2/1/82 and the walls had windows while the approved plan showed a
solid wall. A roof permit was pulled 2/8 and an electrical permit was
pulled 2/12.
Upon questioning, the Inspector stated the building would not be
considered "unsafe." However, it does need to be secured.
Considerable discussion ensued concerning whether the building is
in compliance because it is no longer considered unsafe or whether it
is in noncompliance since the strict wording of the Order has not
been complied with.
Mr. Regulski moved that, in the case of 12-81 in which Johnson
and Albrecht were cited for violating various codes of the City of
Clearwater regarding the structural disrepair of property at 705 Court
Street, the Affidavit of Non-Compliance issued on February 1, 1982,
not be accepted. The motion was duly seconded.
The Inspector reported no call had been received from the Owner
for reinspection of the property. Further discussion ensued
concerning the wording of the original Order and the fact that the
owner could have submitted plans for demolition rather than
renovation, had he chosen to do so.
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Upon the
Winner, Regulski,
failed .
Messrs.
Motion
vote being taken
Carnahan,
Mr. Gerlach
Custer and Ehrig
voted
voted
"Aye;"
"Nay. "
Mr. Custer moved to accept the Affidavit of Non-Complaince.
motion was duly seconded.
The
The Assistant
in writing of the
Inspector reported
City Attorney advised the owner should be notified
specific areas where he is in noncompliance. The
the building had been red tagged.
Upon the vote
Ehrig voted "Aye;"
carried.
being taken
Messrs.
Messrs.
Ger lach and
Winner,
Regulski
Carnahan, Custer and
voted "Nay." Motion
CASE 110. 20-81
u.s. Dept. of Housing & Urban Development
(Mandalay Shores) Standard Building Code
The Chairman reviewed the Affidavit of Partial Compliance and the
attached memorandum from the Building Director.
Inspector Chaplinsky confirmed
asbestos was pulled and plans
but a permit has not been pulled.
tentative approval and the prospective owner plans
permit as soon as they gain title to the property.
that a permit for removal of the
for rehabilitation have been submitted,
He stated the plans have
to request the
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Mr. Winner
of the asbestos
fine, and that the
was duly seconded. Upon
Carnahan, Winner; Custer
"Nay." Motion carried.
moved that the Board acknowledge the fact that removal
was begun 3 days after the last date permitted without
fine be levied for those three days. The motion
the vote being taken Messrs. Regulski,
and Ehrig voted "Aye;" Mr. Gerlach voted
CJSB 110. 25-81
Mike Hascher (Circus World, 2601
Store 1737, Countryside Mall,
Fire Code
u.s. 19N,
Clearwater)
Mr. Regulski moved to accept the Affidavit of Compliance.
motion was duly seoonded and carried unanimously.
The
P1I&'!BII'ftTI(II OF FILED .APPIDAVl'lS OF VIOLA'rIOII
CASE BO. 1l-82
Lawrence DeCoster (Bayview Apts., 415
Island Way 16, Clearwater) Fire Code
Discussion ensued concerning
question since one person was shown
directed to another person.
of
and
ownership
as owner
the property
correspondence
in
was
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2/17/82
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Mr. Gerlach moved the Affidavit be
clarification as to who is the owner
Violation should be sent. The motion
unanimously.
and
was
returned to the Fire Dept. for
to whom the Affidavit of
duly seconded and carried
CASE IIOS. 5-82
11-82 Rental
(various
Propel'.iies Investment, Inc.
addresses) Standard Housing Code
Winner moved
2:00
for
was
3/17/82
carried
the above
duly
hearing
motion
Mr.
beginning at
unanimously.
to
set
The
cases on
seconded and
p.m.
CASE 10. 12-82
Daniel Markley (1575 S. Michigan Ave.,
Clearwater) Standard Building Code
Mr. Winner moved to set a hearing for 3/17/82.
duly seconded and carried unanimously.
The motion was
mv BUS.lll~
Mr. Custer moved to request the City Attorney to write to the
various departments wi thin the City providing gUidelines as to how
violations should be worded and what needs to be investigated and
approved before the violation is submitted. The motion was duly
seconded.
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Discussion
during the life
various problems which have emerged
was suggested the Legal Department
than represent the Board, in-house
that retired judges might be drafted
the Board regarding their rights,
Chairm~~ suggested he might try to
Manager and the City Attorney to
ensued concerning
of the Board. It
might work with City staff rather
training could be developed, and
as volunteers to represent
responsibilities and duties.
arrange a meeting with the
discuss these matters.
The
City
Upon the vote being taken the motion carrried unanimously.
MlBl.JDS.'$
January 20,
approved as
unanimously.
the minutes of the meeting of
Gerlach moved the minutes be
duly seconded and carried
The Chairman presented
1982, for consideration. Mr.
submi t ted. The motion was
Meeting adjourned at 5:15 p.m.
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